The Orleans Public Defenders Office filed a motion to not represent the woman behind bars for the accidental shooting death of her grandson.

Deonca Kennedy is charged with negligent homicide, cruelty to a juvenile and child desertion. Police say her gun was under her pillow and discharged while she and her 3-year-old grandson were sleeping. The boy was shot in the chest. He died at the hospital.

Earlier this month, the parish's public defenders decided it would not take any new cases because poor state funding and a small staff are keeping attorneys in the office from being able to properly handle all the cases that come their way.

The ACLU has filed a class action suit against the public defender's office in which it says the decision goes against people's constitutional right to representation.

“It's understandable that the ACLU would have concerns about the rights of these defendants because we have concerns about the rights of these defendants. We're not happy about having to refuse these cases. We think those people should absolutely have the lawyers they deserve. But we feel that if we provide those lawyers, our lawyers won't be able to give them the time they need to defend those cases,” said Colin Reingold, Special Litigation Director with the Orleans Parish Public Defender.

Marjorie Esman, executive director of the ACLU New Orleans, says they’re asking the courts to side with them—declaring the public defender's office decision a violation of people’s rights. But, she says, ultimately it will be up to the state to figure out how to better fund the office so they can function properly. So what happens to Kennedy and other defendants in the meantime?

“The public defenders have already have filed their motion saying they can't represent her. So unless, she can get another lawyer between now and the court hearing she will be unrepresented-at which point the court, especially on a charge like this, is likely to say we can't proceed with this trial,” said Esman. “They can’t proceed unless she has one because she’s entitled to one, so everything stops. And in the meantime, remember that if she’s sitting in jail the public is paying the cost of that. So while we’re paying to incarcerate people for no reason other than that we’re waiting for them to get lawyers, we’re not paying the lawyers.”

Kennedy has motions hearing is set at 3 p.m., and a bond hearing is scheduled for 5 p.m.